Legal Definitions - Geneva Conventions and their additional protocols

The Geneva Conventions and their Additional Protocols are a crucial set of international treaties that establish the fundamental rules for humanitarian treatment during times of armed conflict. Often referred to as the "laws of war" or "international humanitarian law," their primary purpose is to limit the brutality of warfare by protecting individuals who are not, or are no longer, participating in hostilities.

These agreements outline minimum standards for humane treatment and respect for dignity, applying to various categories of people affected by conflict, including:

• Wounded, Sick, and Shipwrecked Soldiers: They must receive medical care and protection, regardless of their allegiance.
• Prisoners of War (POWs): Captured combatants are entitled to humane treatment, proper living conditions, and protection from torture or coercion. They are only required to provide basic identifying information.
• Civilians: Non-combatants are protected from direct attacks, collective punishment, and inhumane treatment. Rules also govern the treatment of civilians in occupied territories and the protection of civilian infrastructure like hospitals and schools.

The original four Geneva Conventions were adopted in 1949, largely in response to the atrocities of World War II, and have been almost universally ratified by countries worldwide. Additional Protocols were later introduced, notably in 1977, to strengthen protections and address new forms of conflict, including non-international armed conflicts (like civil wars). A key principle, known as Common Article 3, extends basic humanitarian protections to victims of these internal conflicts.

A significant aspect of the Geneva Conventions is the principle of universal jurisdiction. This means that certain grave violations of these laws, such as war crimes, are considered so serious that any country that has signed the Conventions can prosecute individuals suspected of committing them, regardless of where the crime occurred or the nationality of the perpetrator or victim. This ensures that those responsible for severe breaches of humanitarian law can be held accountable.

Examples of the Geneva Conventions in Action:

• Protecting Captured Combatants: During an international conflict, a pilot from Country A is shot down and captured by forces from Country B. Under the Geneva Conventions, Country B's military must treat the pilot humanely, provide adequate food, shelter, and medical care for any injuries. They cannot torture the pilot to extract intelligence beyond their name, rank, and service number. If the pilot is wounded, they must receive appropriate medical attention. This demonstrates the protections afforded to Prisoners of War (POWs) under the Third Geneva Convention and the care for the wounded under the First Geneva Convention.

• Safeguarding Civilian Life and Infrastructure: In a region experiencing an armed conflict, a military force is advancing through a town. According to the Fourth Geneva Convention and its Additional Protocols, this force is prohibited from deliberately targeting civilian homes, hospitals, or schools. They must take all feasible precautions to avoid harming civilians and ensure that essential services like water and electricity are maintained where possible. If the military occupies the town, they are responsible for ensuring the basic needs of the civilian population are met and that their fundamental rights are respected, illustrating the comprehensive protections for civilians.

• Accountability for War Crimes in Internal Conflicts: In a civil war within Country X, a militia commander orders his troops to systematically execute captured enemy fighters who have surrendered. Years later, this commander attempts to travel to Country Y. Because Country Y is a signatory to the Geneva Conventions, it has the legal obligation under the principle of universal jurisdiction to arrest and prosecute the commander for war crimes, even though the atrocities occurred in a different country and involved non-state actors. This highlights how the Conventions, particularly through Common Article 3 and universal jurisdiction, ensure that grave violations of humanitarian law do not go unpunished, regardless of the conflict's nature or location.